Sources of Hindu Law

As per Hindu orthodox view, there was an inseperable relationship between law and dharma. Sources of law & dharma are common; Manu said four dharmas are sources of law also.

• Vedas
• Smritis
• Approved usages & what is agreeable to one’s conscience.

There are two kinds of sources of law:-

1. Ancient Sources
   Shruti’s
   Smritis
   Commentaries & digests
   Customs
2.  Modern Sources
   Judicial decision
   Legislation
   Justice, equity & good conscience.

1. Ancient Sources:-

a. Shruti’s– It stands for what has been heared. General speaking shruti’s contain the words of God which came down to us through the seers ans sages. These shruti’s include uprishadas constitute complete codes of spritual learning which are helpful in attainment of salvation.

The following are the four vedas-
i. Rigveda– Rigveda distinguish itself for its jurisprudential value. It deals with duties of king. (1st Shruti’s)(songs)
ii. Yajurveda– (ritual, sacrifices, mantras)
iii. Samveda– (prayers composed in mantras & set to music)
iv. Atharveda– (magic, spells & incantations)

Next to vedas, six vedangas in its development process-
Kalpa, vyakarna, chhanda, shiksha, jyotish, nirukta. A mantra is a scared prayer addressed to any deity.

     b. Smritis– It means what has been remembered.
     Recollection of human mind put in a consolidated form. The rules of law laid down in these     smritis are not controversial and their superiority is not doubted by anyone.

It is of two types:-
i. Primary– (written in prose style like manu, narada, yajnavalkya, vishu, brishaspah, katyayam). Those smritis are in Sholokas are known as Dharmsastras.

ii. Secondary- (latter works)

• Smritis are foundation of hindu law. Justically, they occupy an important position.
• Yajnawalkya smriti also contains the rule of procedure and evidence to be followed in civil disputes.
• Next important smriti is that of Narada, it acknowledges that his work is an abridgment of the larger work of manu. He over-emphasized the importance of customs.
• Another important contribution of narada smriti has been the recognition of the authority of king made laws.
• Arthashastra: It was written during the period of Chandragupta Maurya. It is of no less importance in the history of legal developing in India.
  The exclusive & systematic treatment of law was a distinct achievement of Arthashastra as against the foregoing Dharmasatras.

    c. Commentaries & digests:- Besides comment digests are also prepared which collected all the available texts of law on certain points at one place and gave concrete means to ascertain the law.
The commentaries are-

• Asahaya on narada (7^th century)
• Viswarupa on yajnavalkya (8^th century)
• Mednatithi on manu (9^th century).

1. Mitakshra-   
2. Commentary on yajnavalkya & command reverence.
3. Author- Vijyaneshwar published throughout India except Bengal.
4. Several commentaries were later written on it.

1. Dayabhag-
2. Commentary in Bengal.
3. Deals with laws of inheritance & partition.
4. Under this property goes to heirs through succession.

Conflicts of law in textas-

• At the tym of conflict in text of shruti & smriti, the text of shruti was authoritative.
• Dharmashastras & widely accepted practices were superior to Arthshastra.
• At present common & digest have been assigned superior authority because they though profersing to interpret smritis have consider modified the old view; according with the views of writer and according to change of time.
  d. Custom- The Hindu law attributes great importance to custom, because the king was excepted to adjudge the dispute. Acc. To custom, the custom could pre-dominate the law made by the king.

In a ways, conducts which people feel obligatory to practice.

• Modern Sources:-

1. Judicial  Decision: Decision propounded by courts upon various points have also developed as source of law. All important points found in the law reports. The decision of privy council, Supreme Court, High Court constitute precedents to become important source of law.
2. Legisltaion: The legislation have the effect of reforming the law & in certain repects have superseded the textual law. The important legislations which have modified, altered & supplement the hindu law are as follows-
3. The caste disabilities removal act, 1850

[Person renouncing his religion not deprived of his rights of inheritance].

• The hindu widow’s remarriage act 1856

[show rights & disabilities on re-marriage]

• The special marriage act, 1872

[Marriage b/w persons having different castes & different religion]

• The guardian & wards act, 1890

[Appointment of guardian foe welfare of minors]

• The Indian succession act, 1925

[Modified law relating to wills]

• The hindu marriage act, 1955

[Related to marriage b/w hindus, including jain, sikh and Buddhists].

• Prohibition of child marriage act, 2006
• Indian contract act, 1872.